The first prisoners being released early under emergency powers to create space in Scottish jails are being freed.

Justice Secretary Angela Constance announced the move in May, following a spike in inmate numbers and concerns about the capacity of the prison estate.

The head of the prison service said at the time the estate would “soon no longer be able to meet the basic rights of prisoners”.

READ MORE: Over 500 prisoners could be released under emergency legislation

Only those already due for release within the next six months after serving a sentence of less than four years can be released early, according to Ms Constance, meaning around 550 inmates are eligible.

The first tranche of inmates are leaving prison on Wednesday and Thursday.

More prisoners will be released in three further waves over the next few weeks.

READ MORE: Plans to release prisoners early have been backed by MSPs

A Scottish Prison Service spokesperson said: “We have worked collaboratively with partners to prepare those approaching the end of their sentence for a supported early release.

“Governors have vetoed anyone they found posed an immediate risk to individuals or groups, with the help of intelligence from police and social work.

“The safety and wellbeing of people in our care, our staff, and the communities we support continues to be a key priority throughout, with information for victims and families available on our website.”

Those sentenced for domestic violence, terrorism or sexual crimes are excluded from early release.

The target operating capacity of the prison estate is 8,007 but the population was 8,348 on the day the plans were announced.